Common use of ARBITRATION AND DISPUTE RESOLUTION Clause in Contracts

ARBITRATION AND DISPUTE RESOLUTION. For Partners whose Authorized Territory(ies), in accordance with the terms of this Agreement, is located outside of the United States (or, in the event no Authorized Territory has been designated, then for Partners whose primary place of business is located outside of the United States), except as otherwise expressly provided in this Agreement, all disputes, controversies, or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory arising out of or relating to this Agreement, its interpretation, or enforcement not resolved amicably by the parties shall be resolved by arbitration in accordance with the then current JAMS International Arbitration Rules and conducted by one or more arbitrators appointed in accordance with such Rules. The arbitration shall be conducted in the English language and at Ruckus’ offices located at ▇▇▇ ▇ ▇▇▇▇ ▇▇▇▇▇, filings, documents, and other information produced or given in connection with the arbitration shall be treated as Confidential Information, except as may be necessary to enter any arbitration ruling in a court of competent jurisdiction or as otherwise may be required by law. Notwithstanding the foregoing, either party may commence a suit in any jurisdiction to enforce an arbitration award or judgment obtained pursuant to this Section or to seek the emergency or injunctive relief provided for herein (including, without limitation, this Section). In the event of the commencement of any suit in the courts of California the parties hereby waive any defense based on a lack of personal jurisdiction, improper venue, or the inconvenience of the forum. Partner acknowledges that in the event of a breach or threatened breach of any of the covenants contained in Sections 2 (Licenses to Partner), 11.1 (Confidentiality) and 11.9 (Arbitration and Dispute Resolution) Ruckus shall be entitled without prior notice, to seek injunctive relief to enforce Partner’s compliance with such covenants. Furthermore, nothing in this Agreement shall preclude either party from seeking specific performance or other equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions from a court of competent jurisdiction to protect its rights or prevent harm pending the obtaining of an arbitration ruling, nor shall anything herein prevent Ruckus from seeking monetary damages from any court of competent jurisdiction for monies owed to it hereunder.

ARBITRATION AND DISPUTE RESOLUTION. For Partners whose Authorized Territory(ies)(a) Any (i) dispute, in accordance with the terms of this Agreement, is located outside of the United States (or, in the event no Authorized Territory has been designated, then for Partners whose primary place of business is located outside of the United States), except as otherwise expressly provided in this Agreement, all disputes, controversiescontroversy, or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory claim arising out of or relating to this Agreement, its interpretationAgreement (and any subsequent amendments hereof), or enforcement not resolved amicably by any breach, termination, or the parties validity thereof, the Company’s internal affairs, the ownership, transfer or rights or obligations of or with respect to, any Shares, or any action or inaction arising out of or relating to any of the foregoing, (ii) any securities laws claims brought under the federal securities laws of the United States, including the Securities Act, the Exchange Act or the Trust Indenture Act, and claims accompanying any such federal securities laws claims and (iii) any other securities law claims brought under the securities or antifraud laws or other applicable Law of any Governmental Entity, including, in each case, the applicable rules and regulations promulgated thereunder, and claims accompanying any such other securities laws claims (each a “Dispute”), shall be resolved submitted, upon notice delivered by any party to such claim, to confidential, final and binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures in effect at the time (the “Rules”), except to the extent such procedures are modified herein (including pursuant to Section 12.10(e) in the event of a mass arbitration). Any disputes concerning the scope and enforceability of this Section 12.10 or whether a Dispute can or must be brought in arbitration in accordance with this Section 12.10 shall in each case be decided solely by a court of competent jurisdiction. (b) The seat of arbitration shall be New York, New York, and the then current JAMS International Arbitration Rules and conducted by one or more arbitrators appointed in accordance with such Rules. The arbitration shall be conducted in the English language language. (c) There shall be one arbitrator who shall be agreed upon by the parties to such Dispute within twenty (20) days of delivery by any party to such Dispute of a copy of the demand for arbitration, provided that for any Dispute arising, in whole or in part, pursuant to clause (ii) and/or clause (iii) of Section 12.10(a), the arbitrator shall be selected from the JAMS Financial Markets Group (or any successor thereto or equivalent) and at Ruckus’ offices located at ▇▇▇ ▇ ▇▇▇▇ ▇▇▇▇▇shall have experience adjudicating claims arising under federal or other securities laws, filingswhether as an arbitrator, documentsretired judge, or other neutral. If the parties do not agree upon an arbitrator within this time limit, such arbitrator shall be appointed by JAMS in accordance with both the Rules and the immediately preceding sentence; provided, that such appointment shall be subject to a strike and rank process. (d) This Section 12.10 and the arbitration of Disputes shall be subject to and governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The governing law of the underlying Dispute shall be that of the state of Delaware or federal law, as applicable. (e) A Dispute may only be brought by any party to such claim(s) in an individual capacity, and other information produced or given in connection with the arbitration shall be treated as Confidential Information, except as arbitrator may be necessary to enter any arbitration ruling in a court of competent jurisdiction or as otherwise may be required by law. Notwithstanding the foregoing, either party may commence a suit in any jurisdiction to enforce an arbitration award or judgment obtained pursuant to this Section or to seek the emergency or injunctive relief provided for herein (including, without limitation, this Section). In the event of the commencement of any suit in the courts of California the parties hereby waive any defense based on a lack of personal jurisdiction, improper venue, or the inconvenience of the forum. Partner acknowledges that in the event of a breach or threatened breach of any of the covenants contained in Sections 2 (Licenses to Partner), 11.1 (Confidentiality) and 11.9 (Arbitration and Dispute Resolution) Ruckus shall be entitled without prior notice, to seek injunctive relief to enforce Partner’s compliance with such covenants. Furthermore, nothing in this Agreement shall preclude either party from seeking specific performance or other equitable relief including, but not limited to, damages, restitution, declaratory relief, specific performance and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Unless agreed to by the Company in its sole discretion, the arbitrator may not consolidate more than one Person’s claims and may not otherwise preside over any form of a representative, class, private attorney general, or public injunction proceeding. No Person shall bring any claim(s) relating to a Dispute as a class representative or class member or in any purported class or other form of representative proceeding; provided, that if any court (after exhaustion of all appeals) declares unenforceable such prohibition on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief), then all other aspects of the Dispute must be arbitrated first in accordance with the remainder of this Section 12.10, and only after completing such arbitration, the remaining aspects of the Dispute will then be decided by the New York Court (as defined below). Further, no Person shall bring any claim(s) relating to a Dispute as part of a mass arbitration; provided, that if any court (after exhaustion of all appeals) declares unenforceable such prohibition on mass arbitration, then the JAMS Mass Arbitration Procedures and Guidelines shall be applied as applicable, except to the extent such procedures are modified herein. (f) In the event of an arbitration that includes, in whole or in part, any claims arising pursuant to clause (ii) and/or clause (iii) of Section 12.10(a), the parties shall agree upon – or if no agreement is reached between the parties, the arbitrator shall set – a schedule for the briefing of a dispositive motion by respondent(s). No discovery (including, without limitation, any discovery required by Rule 17 of the Rules) shall take place prior to the arbitrator’s decision on such dispositive motion. (g) If a Dispute (other than any Dispute brought by the Company) that would be arbitrable under this Agreement if brought against the Company is brought against any Indemnified Person or any other Person for whom the Company is permitted or obligated (whether contractually or otherwise) to provide indemnification in respect of the applicable Dispute (such Indemnified Person or other Person, an “Arbitration-Eligible Person”) for alleged actions or omissions of such Arbitration-Eligible Person undertaken in their capacity as an Arbitration-Eligible Person, such Arbitration-Eligible Person shall be entitled to invoke the arbitration rights set forth in this Section 12.10, and all applicable references in this Section 12.10 to the Company shall be deemed to refer instead to such Arbitration-Eligible Person, mutatis mutandis. (h) After the conclusion of all testimony, at a time designated by the arbitrator, each party shall simultaneously submit to the arbitrator and exchange with the other party its proposed award. In rendering the final award, the arbitrator shall be limited to choosing an award proposed by a party without modification; provided, however, that in no event shall the arbitrator award any damages prohibited by this Agreement or make any award that is otherwise inconsistent with this Agreement or applicable Law. (i) By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitration proceedings. Without prejudice to such provisional remedies that may be granted by a court, the arbitrator shall have full authority to grant provisional remedies, to order a party to request that a court modify or vacate any temporary restraining or preliminary relief issued by such court, and to award damages for the failure of any party to respect the arbitrator’s orders to that effect. (j) The parties consent and preliminary injunctions submit to the non-exclusive jurisdiction of any federal court located in the State of New York or, where such court does not have jurisdiction, any New York state court, in either case located in the Borough of Manhattan, New York City, New York (“New York Court”), for the enforcement of any arbitral award rendered hereunder and to compel arbitration or for interim or provisional remedies in aid of arbitration. In any such action: (i) each party irrevocably waives, to the fullest extent it may effectively do so, any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens or any right of objection to jurisdiction on account of its place of incorporation or domicile, which it may now or hereafter have to the bringing of any such action or proceeding in any New York Court; (ii) each party irrevocably consents to service of process sent by a national courier service (with confirmation of receipt) to its address pursuant to Section 12.1 or in any other manner permitted by applicable Law; and (iii) each party waives any right to trial by jury in any court. (k) If the arbitration provisions in this Section 12.10 shall be determined in a final, non-appealable order not to be valid and enforceable hereunder with respect to any Dispute, or if any Dispute is otherwise determined to be non-arbitrable by the Company in its sole discretion, the United States District Court for the District of Delaware shall be the sole and exclusive forum to adjudicate such Dispute; provided, however, that if the United States District Court for the District of Delaware shall not have jurisdiction as determined in a final, non-appealable order, the Delaware Court of Chancery shall be such sole and exclusive forum to adjudicate such Dispute, unless in any case the Company otherwise consents in its sole discretion. (l) Judgment upon any award may be entered in any court having jurisdiction over any party or any of its assets. The arbitrator’s decision is binding only between the parties to the arbitration and will not have any preclusive effect in any other arbitration, court or other proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court. (m) Any arbitration hereunder shall be confidential, and the parties and their agents agree not to disclose to any third party (i) the existence or status of the arbitration, (ii) all information made known and documents produced in the arbitration not otherwise in the public domain, and (iii) all awards arising from the arbitration, except and to the extent that disclosure is required by applicable Law or is required to protect or pursue a legal right. (n) The arbitrator shall award the prevailing party its attorneys’ fees and costs reasonably incurred in the arbitration, including the prevailing party’s share of the arbitrator fees and JAMS administrative costs; provided, that, in furtherance of Section 12.11, if, in connection with any Dispute, a court of competent jurisdiction makes a final, non-appealable determination that this Section 12.10(n) is invalid, illegal or unenforceable in connection with such Dispute, such determination shall not affect the validity, legality or enforceability of the remaining provisions of this Section 12.10 with respect to protect its rights such Dispute, or prevent harm pending the obtaining application of an arbitration rulingthis Section 12.10(n) in any Dispute other than the Dispute giving rise to such determination. 5. This Amendment shall be read together with the Third Amended and Restated LLC Agreement as a single instrument. All references in the Third Amended and Restated LLC Agreement (and in any other agreements, nor documents and instruments entered into in connection therewith) to “Agreement” shall anything herein prevent Ruckus from seeking monetary damages from any court be deemed for all purposes to refer to the Third Amended and Restated LLC Agreement as amended, including by this Amendment. Except as expressly amended hereby, the Third Amended and Restated LLC Agreement shall remain in full force and effect and is hereby ratified and confirmed in all respects. 6. This Amendment shall be construed in accordance with and governed by the laws of competent jurisdiction for monies owed the State of Delaware without regard to it hereunderprinciples of conflict of laws.

ARBITRATION AND DISPUTE RESOLUTION. For Partners whose Authorized Territory(ies14.1 In the event a dispute controversy, or claim arising out of or in relation to or in connection with the existence, validity, interpretation, implementation, termination, alleged breach or breach of this Agreement, the Engagement Letter or the legal relationships established by this Agreement and the Engagement Letter (the “Dispute”), the Parties to such Dispute shall attempt, in the first instance, to resolve such Dispute through amicable discussions among such disputing Parties. Only if the disputing Parties fail to resolve the Dispute by amicable arrangement and compromise, within a period of seven (7) Working Days after first occurrence of the Dispute, the disputing Parties shall by notice in writing to each other, refer the Dispute to binding arbitration to be conducted in accordance with the terms of this Agreement, is located outside provisions of the United States Arbitration and Conciliation Act, 1996, as amended (or, in the event no Authorized Territory has been designated, then for Partners whose primary place of business is located outside “Arbitration Act”). 14.2 Any reference of the United States)Dispute to arbitration under this Agreement shall not affect the performance of terms, except as otherwise expressly provided in this Agreementother than the terms related to the matter under arbitration, all disputes, controversies, or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory arising out of or relating to this Agreement, its interpretation, or enforcement not resolved amicably by the parties shall be resolved by arbitration in accordance with Parties under this Agreement and the then current JAMS International Arbitration Rules and conducted by one or more arbitrators appointed in accordance with such Rules. Engagement Letter. 14.3 The arbitration shall be conducted as follows: (i) all proceedings in any such arbitration shall be conducted, and the arbitral award shall be rendered, in the English language and at Ruckus’ offices located at ▇▇▇ ▇ ▇▇▇▇ ▇▇▇▇▇, filings, documents, and other information produced language; (ii) all Disputes between the Parties arising out of or given in connection with this Agreement shall be referred to or submitted to arbitration in Mumbai, India; (iii) the arbitration shall be treated as Confidential Information, except as may be necessary to enter any arbitration ruling in conducted by a court panel of competent jurisdiction three arbitrators. Each disputing party shall appoint one arbitrator within a period of thirty (30) Working Days from the initiation of the Dispute and the two (2) arbitrators shall appoint the third or as otherwise may be required by law. Notwithstanding the foregoing, either party may commence a suit in any jurisdiction to enforce an arbitration award or judgment obtained pursuant to this Section or to seek the emergency or injunctive relief provided for herein (including, without limitation, this Section)presiding arbitrator. In the event that there are more than two (2) disputing parties, then such arbitrator(s) shall be appointed in accordance with the Arbitration Act; and each of the commencement arbitrators so appointed shall have at least five years of any suit relevant experience in the courts area of California securities and/or commercial laws; (iv) the parties hereby waive arbitrators shall have the power to award interest on any defense based sums awarded; (v) the arbitration award shall state the reasons on a lack of personal jurisdiction, improper venue, or which it was based; (vi) the inconvenience of the forum. Partner acknowledges that in the event of a breach or threatened breach of any of the covenants contained in Sections 2 (Licenses to Partner), 11.1 (Confidentiality) and 11.9 (Arbitration and Dispute Resolution) Ruckus arbitration award shall be entitled without prior noticefinal, conclusive and binding on the Parties and shall be subject to seek injunctive relief to enforce Partner’s compliance with such covenants. Furthermore, nothing enforcement in this Agreement shall preclude either party from seeking specific performance or other equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions from a court of competent jurisdiction to protect its rights or prevent harm pending the obtaining of an arbitration ruling, nor shall anything herein prevent Ruckus from seeking monetary damages from any court of competent jurisdiction; (vii) the disputing Parties shall share the costs of such arbitration proceedings equally unless otherwise awarded or fixed by the arbitrators; (viii) the arbitrators may award to a disputing Party its costs and actual expenses including fees of counsel to such disputing Party that substantially prevails on the merits in any Dispute referred to arbitration under this Agreement; (ix) the disputing Parties shall co-operate in good faith to expedite the conduct of any arbitral proceedings commenced pursuant to this Agreement; (x) any reference made to arbitration under this Agreement shall not affect the performance of terms, other than the terms related to the matter under arbitration, by the Parties under this Agreement and the Engagement Letter (xi) Subject to the foregoing provisions, the courts in Mumbai, shall have non-exclusive jurisdiction for monies owed in relation to it hereunderproceedings, including with respect to grant of interim relief, sought under the Arbitration Act; and (xii) Notwithstanding the power of the arbitrators to grant interim relief, the disputing Parties shall have the power to seek appropriate interim relief from the courts of India.

ARBITRATION AND DISPUTE RESOLUTION. For Partners whose Authorized Territory(ies)The parties intend that this Section 7(d) will be valid, in accordance with the terms binding, enforceable, exclusive and irrevocable and that it shall survive any termination of this Agreement. i. Upon any dispute, is located outside of the United States (or, in the event no Authorized Territory has been designated, then for Partners whose primary place of business is located outside of the United States), except as otherwise expressly provided in this Agreement, all disputes, controversies, controversy or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory claim arising out of or relating to this AgreementAgreement or the enforcement, its interpretationbreach, termination or enforcement not resolved amicably validity thereof (“Dispute”), the party raising the Dispute will give written notice to the other parties to the Dispute describing the nature of the Dispute following which the parties to such Dispute shall attempt for a period of ten (10) business days from receipt by the parties of notice of such Dispute to resolve such Dispute by negotiation between representatives of the parties hereto who have authority to settle such Dispute. All such negotiations shall be confidential and any statements or offers made therein shall be treated as compromise and settlement negotiations for purposes of any applicable rules of evidence and shall not be admissible as evidence in any subsequent proceeding for any purpose. The statute of limitations applicable to the commencement of a lawsuit shall apply to the commencement of an arbitration hereunder, except that no defense based on the running of the statute of limitations will be available based upon the passage of time during any such negotiation. Regardless of the foregoing, a party shall have the right to seek immediate injunctive relief pursuant to Section 8(e)(iii) below without regard to any such ten (10) business day negotiation period. ii. Any Dispute (including the determination of the scope or applicability of this agreement to arbitrate) that is not resolved by pursuant to Section 8(e)(i) above shall be submitted to final and binding arbitration in Texas before one neutral and impartial arbitrator, in accordance with the then current JAMS International Arbitration Rules Laws of the State of Texas for agreements made in and conducted by one or more arbitrators appointed to be performed in accordance with such Rulesthat State. The arbitration shall be conducted administered by JAMS (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures, as in effect on the English language and at Ruckus’ offices located at ▇▇▇ ▇ ▇▇▇▇ ▇▇▇▇▇date hereof. GENH, filings, documentson the one hand, and any Transferors, on the other information produced hand, shall appoint a single arbitrator (who shall be a retired judge or given justice) within fifteen (15) days of a demand for arbitration. If GENH and the relevant Transferors cannot mutually agree upon an arbitrator within such 15-day period, the arbitrator shall be appointed by JAMS in connection accordance with its Expedited Arbitration Rules and Procedures, as in effect on the date hereof. The arbitrator shall designate the place and time of the hearing. The hearing shall be scheduled to begin as soon as practicable and no later than thirty (30) days after the appointment of the arbitrator (unless such period is extended by the arbitrator for good cause shown) and shall be conducted as expeditiously as possible. The award, which shall set forth the arbitrator’s findings of fact and conclusions of law, shall be filed with JAMS and mailed to the parties no later than thirty (30) days after the close of the arbitration hearing. The arbitration award shall be treated as Confidential Informationfinal and binding on the parties and not subject to collateral attack. Judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof. iii. Notwithstanding the parties’ agreement to submit all Disputes to final and binding arbitration before JAMS, except the parties shall have the right to seek and obtain temporary or preliminary injunctive relief in any court having jurisdiction thereof. Such courts shall have authority to, among other things, grant temporary or provisional injunctive relief in order to protect any party’s rights under this Agreement. Without prejudice to such provisional remedies as may be necessary available under the jurisdiction of a court, the arbitral tribunal shall have full authority to enter grant provisional remedies and to direct the parties to request that any arbitration ruling in a court of competent jurisdiction modify or as otherwise may be required vacate any temporary or preliminary relief issued by law. Notwithstanding such court, and to award damages for the foregoing, either party may commence a suit in any jurisdiction to enforce an arbitration award or judgment obtained pursuant to this Section or to seek the emergency or injunctive relief provided for herein (including, without limitation, this Section). In the event of the commencement failure of any suit in party to respect the courts of California the parties hereby waive any defense based on a lack of personal jurisdiction, improper venue, or the inconvenience of the forumarbitral tribunal’s orders to that effect. iv. Partner acknowledges that in the event of a breach or threatened breach of any of the covenants contained in Sections 2 (Licenses to Partner), 11.1 (Confidentiality) and 11.9 (Arbitration and Dispute Resolution) Ruckus The prevailing party shall be entitled without prior noticeto recover its costs and reasonable attorneys’ fees, to seek injunctive relief to enforce Partner’s compliance with and the non-prevailing party shall pay all expenses and fees of JAMS, all costs of the stenographic record, all expenses of witnesses or proofs that may have been produced at the direction of the arbitrator, and the fees, costs, and expenses of the arbitrator. The arbitrator shall allocate such covenants. Furthermore, nothing in this Agreement shall preclude either costs and designate the prevailing party from seeking specific performance or other equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions from a court of competent jurisdiction to protect its rights or prevent harm pending the obtaining of an arbitration ruling, nor shall anything herein prevent Ruckus from seeking monetary damages from any court of competent jurisdiction parties for monies owed to it hereunderthese purposes.

ARBITRATION AND DISPUTE RESOLUTION. For Partners whose Authorized Territory(ies)The parties intend that this Section 7(d) will be valid, in accordance with the terms binding, enforceable, exclusive and irrevocable and that it shall survive any termination of this Agreement. i. Upon any dispute, is located outside of the United States (or, in the event no Authorized Territory has been designated, then for Partners whose primary place of business is located outside of the United States), except as otherwise expressly provided in this Agreement, all disputes, controversies, controversy or claims, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory claim arising out of or relating to this AgreementAgreement or the enforcement, its interpretationbreach, termination or enforcement not resolved amicably validity thereof (“Dispute”), the party raising the Dispute will give written notice to the other parties to the Dispute describing the nature of the Dispute following which the parties to such Dispute shall attempt for a period of ten (10) business days from receipt by the parties of notice of such Dispute to resolve such Dispute by negotiation between representatives of the parties hereto who have authority to settle such Dispute. All such negotiations shall be confidential and any statements or offers made therein shall be treated as compromise and settlement negotiations for purposes of any applicable rules of evidence and shall not be admissible as evidence in any subsequent proceeding for any purpose. The statute of limitations applicable to the commencement of a lawsuit shall apply to the commencement of an arbitration hereunder, except that no defense based on the running of the statute of limitations will be available based upon the passage of time during any such negotiation. Regardless of the foregoing, a party shall have the right to seek immediate injunctive relief pursuant to Section 8(e)(iii) below without regard to any such ten (10) business day negotiation period. ii. Any Dispute (including the determination of the scope or applicability of this agreement to arbitrate) that is not resolved by pursuant to Section 8(e)(i) above shall be submitted to final and binding arbitration in accordance with the then current JAMS International Arbitration Rules Texas before one neutral and conducted by one or more arbitrators appointed in accordance with such Rulesimpartial arbitrator. The arbitration shall be conducted administered by JAMS (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures, as in effect on the English language date hereof. GENH, on the one hand (on behalf of itself and at Ruckus’ offices located at ▇▇▇ ▇ ▇▇▇▇ ▇▇▇▇▇, filings, documentsthe Company), and the Holder, on the other information produced hand, shall appoint a single arbitrator (who shall be a retired judge or given justice) within fifteen (15) days of a demand for arbitration. If GENH and the relevant Holder cannot mutually agree upon an arbitrator within such 15-day period, the arbitrator shall be appointed by JAMS in connection accordance with its Expedited Arbitration Rules and Procedures, as in effect on the date hereof. The arbitrator shall designate the place and time of the hearing. The hearing shall be scheduled to begin as soon as practicable and no later than thirty (30) days after the appointment of the arbitrator (unless such period is extended by the arbitrator for good cause shown) and shall be conducted as expeditiously as possible. The award, which shall set forth the arbitrator’s findings of fact and conclusions of law, shall be filed with JAMS and mailed to the parties no later than thirty (30) days after the close of the arbitration hearing. The arbitration award shall be treated as Confidential Informationfinal and binding on the parties and not subject to collateral attack. Judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof. iii. Notwithstanding the parties’ agreement to submit all Disputes to final and binding arbitration before JAMS, except the parties shall have the right to seek and obtain temporary or preliminary injunctive relief in any court having jurisdiction thereof. Such courts shall have authority to, among other things, grant temporary or provisional injunctive relief in order to protect any party’s rights under this Agreement. Without prejudice to such provisional remedies as may be necessary available under the jurisdiction of a court, the arbitral tribunal shall have full authority to enter grant provisional remedies and to direct the parties to request that any arbitration ruling in a court of competent jurisdiction modify or as otherwise may be required vacate any temporary or preliminary relief issued by law. Notwithstanding such court, and to award damages for the foregoing, either party may commence a suit in any jurisdiction to enforce an arbitration award or judgment obtained pursuant to this Section or to seek the emergency or injunctive relief provided for herein (including, without limitation, this Section). In the event of the commencement failure of any suit in party to respect the courts of California the parties hereby waive any defense based on a lack of personal jurisdiction, improper venue, or the inconvenience of the forumarbitral tribunal’s orders to that effect. iv. Partner acknowledges that in the event of a breach or threatened breach of any of the covenants contained in Sections 2 (Licenses to Partner), 11.1 (Confidentiality) and 11.9 (Arbitration and Dispute Resolution) Ruckus The prevailing party shall be entitled without prior noticeto recover its costs and reasonable attorneys’ fees, to seek injunctive relief to enforce Partner’s compliance with and the non-prevailing party shall pay all expenses and fees of JAMS, all costs of the stenographic record, all expenses of witnesses or proofs that may have been produced at the direction of the arbitrator, and the fees, costs, and expenses of the arbitrator. The arbitrator shall allocate such covenants. Furthermore, nothing in this Agreement shall preclude either costs and designate the prevailing party from seeking specific performance or other equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions from a court of competent jurisdiction to protect its rights or prevent harm pending the obtaining of an arbitration ruling, nor shall anything herein prevent Ruckus from seeking monetary damages from any court of competent jurisdiction parties for monies owed to it hereunderthese purposes.